Rachel Feintzeig

The rules, norms—and fears—governing the workplace are changing as fast as the Covid-19 outbreak appears to be spreading.

After The Wall Street Journal’s recent article dissecting what bosses can and can’t make you do in light of the coronavirus pandemic, more questions poured in from readers trying to navigate the new job landscape. In many ways, they reflect a different set of anxieties from just days ago.

Many initial concerns about employee privacy and work-from-home edicts, for example, have given way to worries about staying safe at work and keeping the paychecks coming while risking exposure. Meanwhile, millions of working parents are struggling to work from home as their children’s schools and day-care centers remain closed indefinitely, and many Americans have lost their jobs.

To get clarity, we took readers’ queries to a panel of employment lawyers and human-resources experts. Here are answers to some of the most pressing questions:

Working remotely

I live and work in a place where people are still expected to go into the office. How do I ask to do my job from home?

Better to make a request instead of a demand, says Roberta Matuson, executive coach and author of “Evergreen Talent: A Guide to Hiring and Cultivating a Sustainable Workforce.”

“Explain how you will make this arrangement work,” she says. For example, if you have young kids underfoot and a spouse also working from home, let your employer know you and your spouse have agreed to a schedule that lets you both operate without distractions.

Photo:
Martin Tognola

My employer is still resistant. How else can I make my case?

“Offer to take on a shift or a task no one else wants to do, such as handling the customer-service lines from home on the graveyard shift,” Ms. Matuson says. Another possibility: “Remind your employer of other times you’ve worked remotely and how seamless it was.”

I have a note from my doctor saying I have immune insufficiency and shouldn’t be in the office right now. I believe I can do my job from home, but my human-resources department says I have to be at work. What are my rights?

Your situation is most likely covered by federal and many state disability statutes, which means you probably are entitled to work from home as a reasonable accommodation for your condition, says Angela B. Cornell, clinical professor at Cornell Law School and director of the school’s Labor Law Clinic.

In the past, courts haven’t consistently required employers to allow working from home as a reasonable accommodation, especially if the nature of the job—for instance, factory work—requires being in the workplace. But the magnitude of the Covid-19 crisis and the current government guidelines for containing the spread suggest greater protection under the law in this case, Ms. Cornell says.

I’m not sure my employer sees it that way. What can I do?

One option is to contact the Equal Employment Opportunity Commission or the civil- or human-rights agency in your state and explore filing a charge of disability-based discrimination. But simply raising the need for accommodation under the Americans with Disabilities Act with your employer may be enough to resolve the issue, Ms. Cornell says. Ms. Matuson suggests talking directly to your manager first to see whether he or she will intervene on your behalf.

Workplace Safety

I fear I could be exposed to coronavirus on the job. Does my work have to provide me with protective equipment?

Federal and state laws require employers to provide a safe workplace, says Heather Bussing, attorney with Rybicki & Associates P.C. in Napa, Calif. “If you are in direct contact with people who have Covid-19, then your employer is probably required to provide you with protective equipment,” she says.

But also check to see how effective some equipment, particularly a mask, really will be, she adds. Regular surgical masks are less effective in blocking small-particle droplets, and the U.S. Centers for Disease Control and Prevention doesn’t recommend people wear face masks unless they are sick and need to be in public. The more specialized N95 respirator masks that can filter out 95% of airborne particles are in short supply and needed by medical workers. It’s unlikely employers would be required to provide these types of masks if there are reasonable alternatives to minimize risk, Ms. Bussing says.

Can I turn down work tasks I fear put me at risk of Covid-19, like delivering pizza to someone who is quarantined? Can my company fire me if I do?

“If an employer asks someone to put themselves at unreasonable risk, it is probably illegal,” Ms. Bussing says. “But if there are ways to do the work that minimize the risk of exposure, then an employer would be within their rights to fire someone who refuses.”

The best approach, Ms. Bussing advises, is to minimize exposure. With pizza delivery, for example, “if the food can be dropped off without interacting with people, it is reasonable to ask employees to deliver it.” she says. But employees who believe they have been exposed or feel sick should stay home and refuse to work, even under the threat of being fired, she says. Employers who know a worker has been exposed or is sick and require that person to work and risk exposing others could face civil and criminal liability.

Bring in your own cleaning supplies, says Kate Bischoff, employment lawyer and founder of tHRive Law & Consulting. “If you are in a heavily regulated industry, like food service, make sure what you bring in is still healthy for your environment,” she says.

If a co-worker is showing Covid-19 symptoms, should I say something?

“By all means, say something to the employee, while standing 6 feet away,” Ms. Matuson says. “But don’t panic, especially if you live in a part of the country where spring allergies are in full bloom.” If you’re not satisfied with the response, then ask your boss to intervene, she says.

Ms. Cornell says an employer can ask an employee with symptoms to go home. During a pandemic, employers may also ask employees if they are experiencing symptoms of the virus, including fever, chills, cough, shortness of breath or sore throat, according to the EEOC—though the commission says that information should be kept confidential. Employers can also require that workers obtain a medical clearance to return to the job.

Quarantines

Can my company send me home without pay because I traveled, even if it wasn’t to a country on the government-banned list? What if it was just domestic travel?

In many cases, yes. If, like most U.S. employees, you don’t have a contract for a specific time period and are employed “at will,” your employer can send you home without pay for any reason not expressly prohibited by law, says Kenneth G. Dau-Schmidt, a professor of labor and employment law at Indiana University-Bloomington.

Several states, though, are expanding unemployment compensation insurance for situations like this and even waive the waiting periods. And a federal law passed last week allows workers at small and midsize companies to get two weeks’ paid leave if they are quarantined. If you already have paid time off, you should be able to use that as well, says Ms. Bischoff.

I have an employment contract. What about me?

If you have a union or individual contract for a specific length of time, your employer would generally need “cause” to send you home in that case without pay, Mr. Dau-Schmidt says. If there isn’t sufficient reason to believe your risk of exposure is any greater than others at the company, your employer doesn’t have cause to send you home without pay.

Child care

With so many schools closed, does taking care of kids under these circumstances qualify for leave under the Family and Medical Leave Act?

Until last week, no. But the law signed by President Trump temporarily expands FMLA protections and guarantees paid sick leave for certain U.S. employees. Under the new legislation, employers with fewer than 500 employees are required until the end of the year to provide up to two weeks of paid leave and 10 weeks at two-thirds of pay for workers.

Photo:
Martin Tognola

Employees in quarantine, caring for stricken family members or with children whose schools or day-care programs have closed are eligible for the initial two weeks of paid leave. Businesses that fall under the mandate would also have to provide the additional 10 weeks off at partial pay for people who have lost their child care because of school and day-care closures. The law, however, allows the secretary of labor to exempt small businesses with fewer than 50 employees from the new provisions.

My employer doesn’t fall under that mandate. Are there other options?

If your state has expanded unemployment insurance benefits, check to see whether you may qualify for help even if you haven’t lost your job, Ms. Bischoff advises. Michigan, for instance, has extended unemployment benefits to workers dealing with unforeseen family-care responsibilities, including those due to school closure. Several other states have expanded eligibility to include workers who don’t have access to paid leave or who are quarantined.